Landlords face immediate fines as councils shift enforcement approach

A landlord expert has warned councils no longer need to warn landlords before they fine them.

Phil Turtle, director of Landlord Licensing & Defence, has warned that councils across the country are moving straight to formal enforcement.

Landlords could also face a financial penalty of up to £7,000 for minor breaches and £40,000 for the most serious offences.

Safety net has been removed

Under the Renters’ Rights Act, councils have stronger enforcement powers against landlords and the language councils are using is stark.

Mr Turtle explains: “Under the previous enforcement framework, some councils would typically issue a warning or advisory notice before escalating to formal action. That safety net has now been removed.

“Portsmouth City Council updated policy (typical of all councils now) states explicitly that ‘formal enforcement may now be taken more quickly, without a warning in some cases, especially where there are serious risks, clear legal breaches or repeat issues.’

“In plain terms: councils no longer need to warn you before they fine you.”

Brutal arithmetic of enforcement timeline

Under the act, landlords can face fines for breaching tenancy agreements, rent in advance and tenant discrimination.

Mr Turtle warns, multiple fines can be issued simultaneously where multiple breaches are identified, meaning a single inspection could result in combined penalties running into tens of thousands of pounds.

He explains: “What councils are not advertising is the brutal arithmetic of the enforcement timeline once a formal notice is issued.

“By the time a formal enforcement notice has been printed, processed, and delivered through the postal system, typically taking three to four days, and a landlord has actually opened and read it, the clock has often already been running for the better part of a week.

“The response window given to landlords is, in most cases, just 14 days from the date of the notice, meaning that in practice, landlords may find themselves with as few as six to seven working days to locate specialist legal support, brief a professional representative, gather evidence of compliance, and prepare a formal response.

“This is not a reasonable window for an uninformed landlord to navigate alone or to find and appoint a competent professional representative.”

Penalties can reach £40,000

Mr Turtle adds: “What we are seeing is a seismic shift in how councils are empowered, and now obligated, to enforce housing law.

“The Renters’ Rights Act has removed the last remnants of the traditional buffer of informal warnings.

“Councils are no longer being asked to educate first and enforce second. They are being told to enforce and enforce hard.

“The cruellest element of this new landscape is the timeline. A landlord receives a formal notice through the post. By the time they’ve actually read it, they may have less than a week of working days to act.

“That is simply not enough time for someone without specialist knowledge to mount an effective response, particularly when the penalties at stake can reach multiple £40,000s.”

Mr Turtle is now urging all landlords to take action by understanding their obligations and keeping meticulous records to show evidence of compliance.

Landlords can book a no-charge, no-commitment 10-minute diagnostic call with an expert from Landlord Licensing & Defence on HMO and selective licencing or other compliance matters by clicking here or by calling 0208 088 8393.